Is this an illegal stop leading to a DUI?

Is this an illegal stop leading to a DUI?
At November 14 My spouse and i was arrested or Minor dwi with a BAC with. 03. The officer claimed in the course of arrest and while in the police report that she pulled me over a great expired registration.

Still here’s the reel in… my registration is not expired at every. I’m not for sure how it performs in other reports, but in California an individual has a sticker for any month the plate expires (in the following case Nov. ), along with sticker for yearly (in this court case 2006). My registration was given money for and renewed at Nov. 10 (the sticker for those next year hadn’t yet arrived), and I had produced the November label for 2006 to the car, which means there seems to be no reason to trust my registration is expired.

Every guy I’ve talked to help (friends, parents, the freaking Oakland Criminal arrest Chief) believes this has been an illegal discontinue. What are my probabilities of getting this thing given away all together??
Best Answer:
The law considers the pulling over of a vehicle to be a “seizure” of a person which must be supported by probable cause. If not, the seizure is invalid and any evidence subsequently derived is inadmissible in a criminal proceeding against you. Because the stated “cause” was an expired registration and your registration was in fact not expired then there was no probable cause for your “seizure.” Likewise, you could not be said to have “consented” to the blood alcohol test because you were illegally seized. Therefore, the results of the test are inadmissible. When in court say: “I request the charges against me be dismissed as the evidence sought to be brought against me was illegally seized pursuant to an illegal traffic stop in violation of the Fourth Amendment of the United States Constution.*(still a big deal) The police officer stated in his report that he pulled me over for an expired registration, however as you can see (show papers) my registration was in fact not expired on the day of the stop.” Smile, be respectful and this will absolutely be thrown out. BTW, you may also have grounds for a civil suit for false arrest personally against the police officer (not necessarily the police department but that is where the money is). He committed a tort by falsly imprisoning you and causing you injury. Sue him personally as sue the department as respondent superior (the employer).

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